David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Cambridge University Press (1999)
This book explores the thesis that legal roles force people to engage in moral combat, an idea which is implicit in the assumption that citizens may be morally required to disobey unjust laws, while judges may be morally required to punish citizens for civil disobedience. Heidi Hurd advances the surprising argument that the law cannot require us to do what morality forbids. The 'role-relative' understanding of morality is shown to be incompatible with both consequentialist and deontological moral philosophies. In the end, Hurd shows that our best moral theory is one which never makes one actor's moral success turn on another's moral failure. Moral Combat is a sophisticated, well-conceived and carefully argued book on a very important and controversial topic at the junction between legal and political philosophy. It will be of interest to moral, legal, and political philosophers, as well as teachers and students of professional ethics in law.
|Keywords||Law and ethics Ethical relativism|
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|Call number||K247.6.H87 1999|
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Citations of this work BETA
Michael Moore & Heidi Hurd (2011). Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence. [REVIEW] Criminal Law and Philosophy 5 (2):147-198.
Antony Hatzistavrou (2012). Motivation, Reconsideration and Exclusionary Reasons. Ratio Juris 25 (3):318-342.
Michael S. Moore (2012). The Various Relations Between Law and Morality in Contemporary Legal Philosophy. Ratio Juris 25 (4):435-471.
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